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Breaking Up is Hard to Do: Separation, Finances and Children for LGBTQ+ Families
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Breaking Up is Hard to Do: Separation, Finances and Children for LGBTQ+ Families

Published on
Joe Ferguson
Joe Ferguson
Family Law Solicitor
Myerson Solicitors

The end of a relationship is never easy, but for LGBTQ+ couples, navigating the legal and emotional aspects of separation can come with distinct challenges. For LGBTQ+ families knowing your rights is vital – particularly if your family has been formed through surrogacy, adoption or other routes that can carry additional legal considerations.

In this article, we explore how separation works for same-sex and LGBTQ+ couples, how financial matters are resolved, and what options are available when children are involved.

Ending the relationship: divorce and civil partnership dissolution

LGBTQ+ couples have had the legal right to marry since 2013 in England and Wales, and civil partnerships continue to be recognised. Both marriage and civil partnerships can be formally ended through the family court – divorce or dissolution, respectively – and the process is now based on a no-fault system. This means that neither party needs to prove wrongdoing for the legal process to begin.

Whether it is a divorce or a dissolution the procedure is the same: an initial application, followed by a conditional order, and finally, a final order to formally end the marriage or civil partnership.

But while the legal framework is the same for all couples, LGBTQ+ individuals may face different questions when it comes to resolving finances and parenting arrangements, particularly when their relationship pre-dated legal recognition.

Financial matters: reaching a fair outcome

Financial settlements can be one of the most emotive and difficult topics to brooch following separation. Like opposite-sex couples, same-sex spouses and civil partners are entitled to a full range of financial remedies. These can include:

  • Lump sum payments
  • Spousal maintenance
  • Property transfers or sales
  • Pension orders
  • A clean break, ending future financial ties

The court will assess the financial resources, needs and contributions of each party amongst other factors, and aims to reach an outcome that is fair and meets the needs of the parties and any children involved.

However, there can be added complexity when considering assets that were acquired before marriage – especially for couples who lived together for many years. Determining whether these assets are “marital” or “non-marital” can become a key issue, particularly where significant property, pensions or savings are involved. Cohabitation alone does not automatically give rise to legal rights, though it is typically taken into account that any period of seamless cohabitation prior to the date of the marriage or civil partnership when determining the length of the marriage. Accordingly, timelines and clear evidence of cohabitation is often required. It should be noted of course that many LGBTQ+ couples were unable to enter into marriage or civil partnership previously owing to the lack of provision within the law for them. Accordingly, these arguments can be important as evidence of the enduring relationship between the parties. 

Children: supporting parenthood in all its forms

For LGBTQ+ families, parenting often involves a range of routes – from adoption and surrogacy to donor conception. These arrangements can create additional legal considerations during a separation.

The starting point is to establish parental responsibility: the legal authority to make decisions about a child’s health, education, and welfare. Biological and adoptive parents usually have parental responsibility automatically, but others (such as non-birth parents in a surrogacy arrangement) may need to apply for parental orders, declarations of parentage or child arrangements orders. 

If both parents are legally recognised, they may choose to agree parenting arrangements voluntarily. Options include:

  • Mediation: This process can help couples reach agreement on how children will be cared for, where they will live, and how contact will work. Mediation is not legally binding but can lead to a more amicable, cost-effective solution.
  • Collaborative law: This process enables separating couples to work together with trained professionals to resolve disputes without going to court. Everyone agrees to work together as a team to resolve disputes without going to court. 
  • Negotiation: working with solicitors, with the benefit of independent legal advice, to work out what would be best for their family, avoiding costly and potentially acrimonious court proceedings.

If agreement cannot be reached, the family court can make a Child Arrangement Order which is legally binding and sets out the child’s living and contact arrangements. The court’s priority is always the child’s welfare.

Planning ahead for a smoother separation

While the legal system provides equality on paper, LGBTQ+ families may still encounter unique issues when relationships end. The reality is that the law in this area is continues to evolve but has not caught up to the social realities of life as an LGBTQ+ person and the unique family dynamics which are increasingly commonplace. The key to navigating these challenges is early advice and a tailored, bespoke approach that reflects the structure of your family, the history of your relationship, and the complexities involved.

If you are an LGBTQ+ individual facing the challenges associated with separation and need assistance, the team at Myerson Solicitors are here to support you with clarity, empathy and practical expertise.

Read more articles by Myerson Solicitors.

About Joe Ferguson

Joe Ferguson is a solicitor in the Family Law team at Myerson Solicitors. He specialises in divorce, financial remedy proceedings, and complex children matters, with particular expertise in supporting LGBTQ+ clients through family law issues with sensitivity and pragmatism.

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Right to Flight: Warning Issued Over Parental Holiday Permission
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Right to Flight: Warning Issued Over Parental Holiday Permission

Published on
Natasha Aspinall
Natasha Aspinall
Family & Matrimonial Solicitor
Brindley Twist Tafft & James LLP

A growing number of parents with children from previous relationships incorrectly assume they have an automatic right to take the whole family on holiday, warns leading law firm Brindley Twist Tafft & James.

A couple planning to take a stepchild on a break may not realise they need the other biological parent’s consent if both parents share Parental Responsibility, a legal term surrounding the rights, duties, powers, responsibilities, and authorities a parent has in relation to a child under the law.

All mothers will automatically have Parental Responsibility together with fathers who are registered on the birth certificate. They will not lose it if they are divorced or the civil partnership is dissolved.

The issue is growing in importance with the increase in the number of ‘blended’ families, where each partner has children from a previous relationship. Roughly 1.1 million children in England and Wales live in blended families, according to UK Government figures.

Family & Matrimonial Solicitor, Natasha Aspinall at leading law firm Brindley Twist Tafft & James, says there is a common misconception that those who hold Parental Responsibility in relation to their child or children automatically have a right to take their child abroad.

“This is incorrect,” she said. “The term Parental Responsibility attempts to focus on the parents’ duties toward their child rather than the parents’ rights over the child.

“The general day-to-day decisions should be made by the parent with whom the children reside without interference from the other parent, subject to any additional provisions.  Important decisions regarding a child, such as taking a child abroad for an extended stay for example, need to be made by everyone with Parental Responsibility for the child.

“If a blended family wants to go on a break, it’s generally necessary to obtain the other parent’s agreement. If the biological parent doesn’t agree, you might need to apply to the court for permission. No one wants to discover this when the bags are waiting by the doorway and the airport taxi is booked.

“What time each parent is to spend with a child is to be agreed between the parties and if an agreement cannot be reached then either party will need to make an application to the court for a Child Arrangements Order (CAO).”

A CAO is a legally binding court order in the UK that specifies where a child will live, who they will spend time with, and the nature of that contact. The court will expect the parties to have engaged in mediation before the application is made.

“CAOs let each parent, as well as their new partners, know where they stand and prevent misunderstandings and disagreement, leading to more stability for the child,” Natasha adds. “It also helps ease any uncertainty for the parent that does not live with the child by alleviating any anxiety they may have about feeling like the ‘lesser’ parent.”

Read more articles by Brindley Twist Tafft & James Solicitors.

About Natasha Aspinall

Natasha qualified as a Solicitor in 2003. She joined Brindley Twist Tafft & James LLP in our Family & Matrimonial department in November 2022, based out of our Balsall Common office. Natasha joins us from a local Solicitors firm where she worked as Head of the Family Law department for the last 5 years.

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Strengthening Family Bonds Post Divorce
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Strengthening Family Bonds Post Divorce

Published on
Despina Mavridou
Despina Mavridou
Author, Mediator, Lawyer

I’m not a psychologist or therapist, so I won’t give you professional advice on how to strengthen family bonds after divorce. But what I can offer is my own experience, as a child whose parents didn’t manage to keep those bonds alive. And I can tell you from the heart: it matters more than you think.

My parents didn’t just stop speaking, they only spoke to fight. Not to communicate, not to listen, and definitely not to put their children’s needs first. It was their own egos, pain, and frustration that took over. And as a result, my relationship with my dad, and with his side of the family, especially my grandparents, deteriorated more with each passing year.

At the beginning (i.e., the first month), it seemed like things would be okay. But very quickly, everything fell apart.

My mum began telling us the divorce was my dad’s fault. She said his parents never supported her. Then my dad started saying he didn’t have enough money to support us and moved in with the girlfriend he had left my mother for. His parents pushed to stay in our lives, while my mum’s family was firmly against them.

The myth of the “good girl” I had grown up with — the girl who pleased everyone — was now completely confused. What did I have to do to keep that title, when my world no longer made sense?

How do you think a 13, 14, or 15-year-old girl is supposed to handle a situation like that? Or my little sister, who was only 6, 7, or 8 at the time?

It was a real nightmare. And it left wounds I carried for years, wounds that shaped the way I saw love, trust, and family.

That’s why I’m sharing this. To show just how important it is to protect the family bonds after divorce. Because for children, it’s almost impossible to truly hate one of their parents — unless they’ve been exposed to violence or abuse. Children need both parents. And deep down, they know they are half Mum and half Dad. Forcing them to hate one parent is like asking them to reject part of themselves.

As a woman, I can now understand how hard it must have been for my mum — the betrayal, the financial pressure, the loss of trust. My dad constantly complained that he couldn’t afford to support us. But here’s the truth: when you give money to your ex, you’re not supporting them, you’re supporting your children. It’s a way to show up for your kids.

Communication between my parents was almost nonexistent. It felt like they were speaking two entirely different languages. And what I remember most as a child was the confusion, the frustration, the fear of abandonment, and the trauma of living in a family that could no longer function.

Kids need both parents in their lives. So whatever you do, you have to find a way to communicate, even if it’s only about the basics.

Think of it like starting a job you hate, working under a boss you dislike. But quitting isn’t an option because you need the income. Would you find a way to communicate? Probably, yes. So why not do the same for the most important part of your life, your children?

And please, don’t badmouth the other parent in front of your children. These comments may make you feel good for two seconds, like a small emotional win, but they leave deep, invisible scars on your child. Scars they may carry silently for years, even a lifetime.

You need to work on creating a sense of coexistence, enough to attend school events, graduations, and birthday parties together without conflict and without your children fearing that if they invite both parents, there will be a fight or it will feel awkward. One way to get there is by working on yourself, ideally with the support of a therapist or coach.

Put yourself in your child’s shoes. Avoid running from difficult conversations. Avoid trying to “save money” by withholding support, because in doing that, you’re not hurting your ex. You’re hurting your child.

Learn to accept yourself, and the other parent, with all the mistakes included.

Is it easy? Oh my God, no — it’s not easy at all.

But kids don’t have the tools or maturity to deal with a broken family when the adults can’t even speak. You do. You are the adult in the room. And if you don’t step up, the message your children receive is that love fails, marriage is doomed, and if it doesn’t work out, they are somehow less worthy.

That’s a burden they will carry into their own relationships — unless you break the cycle.

I’ve seen families thrive after divorce — truly thrive. And what they had in common was that each parent worked through their emotions separately, rather than using the children as weapons or messengers.

I know some ex-partners can make things extremely difficult. It takes two to rebuild parallel lives with respect and boundaries. But in the end, every hard conversation you have, every ounce of restraint you show, is something you do not just for your kids, but for yourself.

Because the greatest gift you can give your children post-divorce isn’t a perfect life, it’s a peaceful one. And the chance to grow into an adult who isn’t burdened by unresolved divorce trauma.

Read more articles by Despina Mavridou.

About Despina Mavridou

My name is Despina Mavridou. I am an author, a mediator and a lawyer in Greece.

I experienced the negative effects of divorce due to my parents’ separation when I was ten years old. For many years I was in the middle of their fights, trying to find a balance. When I was approx. 17 years old, I decided that I didn’t want to see my dad anymore. This cost me my relationship with him for more than 20 years (we have reunited recently).

After many years working as a lawyer, in the last four years I discovered mediation and also my passion for writing. For this reason, I left my job as a lawyer to concentrate on my passion.

My first published book is titled Mum, Dad, Can you hear me? and it is partially based on my personal story. I always wanted to share certain things with my parents to make them understand how I was feeling about their divorce.

Moreover, working as a mediator in family dispute issues, I saw how difficult it is for parents to get in their kid’s shoes.

The specific book Mum, Dad Can you hear me? serves dual purpose.

On one hand I want to help children understand that divorce is not the end of the world and that they can have both parents in their lives.

On the other hand, I want to help parents see divorce through the eyes of a ten-year-old girl to better understand the thoughts, needs and feelings of children and how important it is for them to have both parents in their lives.

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Understanding Parental Rights in the UK
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Understanding Parental Rights in the UK

Published on
Akwal Ryatt
Akwal Ryatt
Head of Family Law
Tyler Hoffman Solicitors

Getting divorced can be complicated for couples with children, as decisions must be made regarding where each child lives, how much time they spend with each parent, and other aspects of their care. The matter of parental rights may also come into question, particularly if the parents were not married when the child was born. A father may not automatically have parental responsibility for a child under these circumstances, which can affect their rights during divorce proceedings.

There are important legal and procedural steps that parents should take during divorce proceedings to preserve their role in their child’s life, and to maintain the ability to make decisions about their care, their living arrangements and other important aspects of their life. These rights do not automatically change due to divorce, but the court may become involved if there is a dispute about how they are exercised, and it is important to protect yourself.

Here, the experienced divorce solicitors at Tyler Hoffman explain how parental responsibility is established, how it affects the rights of each parent during a divorce and how to secure a Child Arrangements Order.

What is parental responsibility?

‘Parental responsibility’ refers to the legal rights, duties, powers and authority a parent has for a child. It includes the right to make decisions about education, religion, medical treatment and day-to-day care. A child’s birth mother will have parental responsibility automatically, and any Parental Responsibility Orders issued by the court will name any other people who have a say in these decisions.

A father’s legal rights generally depend on whether he has parental responsibility, which can be crucial when making child arrangements during the divorce process. A father automatically has parental responsibility if he was married to the child’s mother at the time of birth or subsequently, or if he is listed on the birth certificate (for children born after 1 December 2003 in England and Wales). You should speak to experienced paternity lawyers about whether you have parental responsibility if you have any concerns. Adoptive or foster parents may also have this responsibility, although it can be worthwhile to confirm this with a solicitor.

If either party does not have parental responsibility, they apply to the court for it using a Parental Responsibility Order or by entering into a Parental Responsibility Agreement with the child’s birth mother.

What is the role of a Child Arrangements Order?

A Child Arrangements Order is a legally binding court order that outlines how a child’s care will be structured following a divorce or separation. It becomes necessary if parents cannot reach an informal agreement (such as a Parenting Plan) about how child care arrangements will be managed. The order offers a legally binding decision on:

  • Residency: where and with whom the child will live
  • Contact: when and how they see the other parent
  • Whether a shared care arrangement is appropriate.

Either parent can apply to the court to put an order in place, and guardians or others with parental responsibility may also be able to apply, although certain parties will need permission from the court before they can apply for a Child Arrangements Order.

You may also need to attend a Mediation Information and Assessment Meeting (MIAM) before the family court will consider a Child Arrangements Order. A MIAM is an opportunity to resolve the issue without involving the court, and can help the parties in a divorce to reach an informal resolution. However, if mediation doesn’t work or is not suitable, either parent can apply to the family court for a Child Arrangements Order.

This will usually result in court hearings where a judge can review evidence from both parties and make a decision on final arrangements. An officer from the Children and Family Court Advisory and Support Service may conduct safeguarding checks and recommend arrangements based on the child’s welfare. The court makes decisions based on what it believes will be best for the child, including their wishes and feelings, the impact of any changes in circumstances and which parent is most able to meet their practical, emotional and educational needs.

Parents can also apply for a Specific Issue Order to resolve a particular dispute, or a Prohibited Steps Order to prevent the other parent from taking certain actions without permission. This is often used in cases where one parent decides to relocate, or if there is a dispute about schooling.

What does a Child Arrangements Order mean for parental rights?

Unlike an informal agreement, a Child Arrangements Order can be enforced by the court, which gives parents a degree of additional protection and ensures that the agreement remains in place. If one parent breaches the order, the other can apply to the court to enforce it. In response, the court can impose penalties, including warnings, enforcement orders (including unpaid work orders) and the need to pay compensation for financial losses.

While there is a risk in letting the court decide, courts generally support regular, meaningful contact with both parents unless there is clear evidence that such contact would harm the child. Speak to an experienced family law solicitor for guidance on navigating this process, and make sure to keep records of all contact and communication with other parties involved in the divorce to give yourself the best chance of a favourable outcome from any legal process.

About Akwal Ryatt

Akwal Ryatt is the head of Family Law at Tyler Hoffman Solicitors, and is an accomplished Chartered Legal Executive with an extensive career spanning over 28 years. With a compassionate approach, Akwal is characterised by her profound expertise in family law areas including divorce, separations, Child Arrangement Orders, Financial Remedy Orders and more.

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Common Financial Mistakes to Avoid During and After Divorce
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Common Financial Mistakes to Avoid During and After Divorce

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Sponsored post by Jones Myers.

The fear of starting all over again and all the financial worry that can bring with it can understandably have a profound effect on many people going through divorce or separation.

This fear can be particularly acute for those who have not had to deal with financial practicalities such as tax, standing orders and direct debits during their relationship.

If you are going through divorce or contemplating it and are concerned about future finances, this article will help to keep you on the right financial track throughout your divorce and beyond.

Be Open and Honest

Not sharing financial information during a relationship can contribute to problems during divorce proceedings.

One spouse may have no idea where the budget line is – or even where it should be drawn – and may have unrealistic expectations of what they are entitled to, or what is a realistic and affordable.

One spouse may have hidden savings or income from the other or scrutinised the other’s spending without being transparent about their own. On divorce, there is nowhere to hide. It is fundamental that both spouses fully and frankly disclose everything they have to each other as a starting point for an informed negotiation.

The Importance of Financial Disclosure

In every divorce, separating couples must provide to the other full details of their assets, income, pension and liabilities.   This is known as financial disclosure.

Financial disclosure ensures that both spouses can make fully informed decisions about what they consider to be a fair settlement. A failure to disclose anything material to the settlement can in some cases lead to an agreement being set aside. Lawyers and judges know every trick in the book and will ask questions if they suspect that money has been concealed. They may even employ forensic accountants to track down missing assets.

Don’t be tempted to hide money in offshore banks. These still have to be disclosed.  If you do not provide everything that is necessary to understand the financial position, family courts have the power to question your accountant, your financial advisor and even your bank manager.

Setting up a new business shortly before separation may well be seen as suspicious or even a deliberate attempt to hide assets.  Taking steps designed to put money beyond the reach of your spouse could lead to injunctions being made against you, freezing assets, or ordering the return of monies from third parties.  In the long run, actions such as these are highly unlikely to succeed and will almost certainly damage your credibility in the eyes of the court.

The Penalties of Concealing Assets

If it later comes to light that you have withheld material financial information during the financial disclosure process, your spouse might be able to ask the court to set aside the Financial Consent Order and relook at what would be a fair order – taking into account all the assets, including those not previously disclosed.

The court can also make an order that you pay your ex’s legal costs. In the worst-case scenario, deliberately withholding financial information in breach of a court order can amount to a contempt of court for which a range of penalties (including ultimately imprisonment) could be imposed.

Include Pensions in Financial Settlements

Frequently overlooked in financial settlements, pensions are frequently one of the most valuable assets of a marriage. They often make up the second highest- value asset in a divorce settlement after the family home – or sometimes the highest.

It is key that information about pensions is made available in the financial disclosure process which must include details of all pensions, including state pensions – and the value of each one.

The most common way in which a disparity in pensions is addressed in a divorce settlement is pension sharing.  Pension sharing splits the pensions immediately and provides a clean break

As an alternative, in some cases ex-spouses prefer to take a greater share of the equity in the family home or other capital, as a trade-off for a share of the other’s pension.

Some divorces may involve several pension arrangements so it is important to consider which arrangements should be shared, and to what extent.  Pensions are complex and, save in very straightforward cases with pensions of limited value, it is important to get specialist advice about them before agreeing a settlement.

The pension share may be internal (when the recipient becomes a member of the scheme) or external when the share must be invested in an existing or new arrangement of the receiving party. Care should be taken to obtain details of the cost of any transfer.

In deciding what is best for them, the couple need to consider how their respective financial needs will be met and what other assets are available for distribution.

Consider Financial Planning

It can be helpful to have financial advice during settlement negotiations.  Many financial advisers use cashflow modelling, which can be a valuable way of how different settlement options might pan out in the future. In processes such as collaborative practice or mediation, it is quite common to bring a financial adviser into the process as a neutral to help the discussions.  Further financial advice can then be taken on an individual basis when settlement terms are clear.

Get a formal Financial Order

Once a financial settlement is agreed, it is almost always best for the terms agreed to be made final and binding in a court order. This is a legally binding document which details the main assets owned by divorcing couples and sets out the financial arrangements agreed between them. The terms of an order are binding and can be enforced through the courts if there are any problems putting those terms into effect.

It is important to understand that the divorce process itself does not dismiss financial claims which  can be pursued many years after the divorce has been finalised provided the person bringing the application has not remarried. Putting off the conversation at the time of separation can sometimes just be kicking the can down the road.

Try to avoid exceeding your budget

I am not a financial adviser, but these are some pointers which might be useful to think about:

  1. Create a ‘to do’ list of all things financial (bills etc) and an aspirational list to set goals for enjoyable things such as treats and breaks
  2. Consider having two bank accounts – one for day-to-day expenses for the house, food, car and associated expenses, direct debits, standing orders and credit card payment. The second is for setting aside some savings for exceptional expenses such non-essential clothing, holidays, and house repairs.
  3. Set out the absolute and exact payments needed every month for your house and family
  4. Know when your maintenance payments arrive and budget accordingly. Ensure standing orders don’t go out before your monthly payments are due in
  5. Apply to your Council for a 25% council tax discount. The concession applies if you are on your own or have younger children
  6. Expand your support network if you’re on your own or have children. Now is an ideal time as the country emerges from lockdown
  7. Take professional advice on preparing and budgeting for your own retirement
  8. Make a will. If you have a pension or life assurance, ensure it includes your chosen beneficiaries and is updated. Review it every few years.
  9. Stay healthy in body and spirit – try new things. You could also consider engaging a life or Divorce coach who specialises in helping people in your situation prepare for their new future

Spousal Maintenance and Child Maintenance

Remember that Spousal Maintenance will usually be paid for a period of time to enable you to adjust to financial independence or when your financial needs are reduced, for example, when your children finish school or university, or leave home.

Be aware that your spousal maintenance will stop if you remarry or enter into a civil partnership or if either of you dies. It could also be affected if you meet a new partner and move in together

It is also important to plan for when child maintenance – which is mandatory for both parents for children under sixteen and youngsters under twenty who are still in full time education – comes to an end.

As part of our holistic approach, Jones Myers advises and guides our clients through the stages of divorce during and after their divorce.

A champion of non-confrontational divorce and resolving issues in a spirit of collaboration and cooperation, our extensive expertise includes alternative to avoid courts which include mediation and collaborative family law.

Our pre-divorce and post- divorce support includes helping them to stay on the right financial track as they embark on the next chapter of their lives.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

A skilled Mediator, Child Inclusive Mediator and Collaborative Family Lawyer, Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns.

Direct Dial: 01904 202553 or email  Nicki.mitchell@jonesmyers.co.uk. Website: www.jonesmyers.co.uk

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No-Fault Divorce Doesn’t End Everything: Why You Still Need a Financial Consent Order
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No-Fault Divorce Doesn’t End Everything: Why You Still Need a Financial Consent Order

Published on
Sarah Hawkins
Sarah Hawkins
CEO
National Family Mediation (NFM)

This article is for informational purposes only and does not constitute legal advice.

When no-fault divorce came into effect in England and Wales in April 2022, it was seen as a much-needed shift toward a more respectful, less confrontational way to end a marriage. And for many couples, it has delivered on that promise—removing blame and encouraging a more constructive path forward.

But here’s the catch: while the legal end of a marriage is now simpler, financial separation is often left unresolved. This misunderstanding can lead to serious complications down the line.

The Common Misconception: Thinking Everything’s Already Settled

With the ability to complete a divorce online in just a few steps, it’s easy to assume that everything—money, property, pensions—is automatically taken care of, especially when the split is amicable.

It’s not.

“A divorce legally ends a marriage, but it doesn’t end the financial relationship between ex-spouses.” – Sarah Hawkins, CEO, NFM

Unless you obtain a court-approved financial consent order, either party can make financial claims in the future—even years after the divorce is finalised.

What Happens Without a Financial Consent Order?

At NFM, we regularly see people return to mediation long after their divorce, unaware that their financial ties were never legally closed. The consequences can be significant:

  • A house purchase falls through when a buyer realises their ex could still have a claim on the equity.
  • Retirement plans are disrupted by surprise claims on pensions
  • Second marriages become legally complicated due to unresolved financial obligations

Without a consent order, your financial past may unexpectedly resurface.

What Is a Financial Consent Order?

A financial consent order is a legal document that formalises the financial arrangements you’ve agreed with your ex. Once approved by a judge, it becomes legally binding and prevents either party from making further financial claims.

You don’t need to go to court in person to get one—but you do need to go through the right process. And while it’s often associated with disputes, it’s just as important when both parties are in full agreement.

Making It Legal: Your Options for Getting a Consent Order

Mediation is often the best starting point, especially for couples who want to avoid unnecessary conflict or legal costs. It helps both parties reach a fair agreement in a calm, structured setting.

Once an agreement is reached, there are several ways to make it legally binding:

  • Do it yourself – If you agree on everything and feel confident managing the paperwork, you can draft your own consent order and apply to the court for approval. Guidance is available on the GOV.UK website.
  • Get legal advice – A solicitor can review or help draft the order to ensure it’s fair and likely to be accepted by the court. Judges can reject a consent order if they suspect one party may have been disadvantaged.
  • Use a solicitor service – At NFM, we offer NFM LegalEyes, a service that connects clients with qualified solicitors who can prepare the consent order – leaving you just needing to submit to Court.

How NFM LegalEyes Works:

  1. You agree on how to divide finances through mediation.
  2. A solicitor drafts the consent order and completes the required paperwork.
  3. You submit the consent order
  4. If the judge finds it fair, the order is granted—and your financial arrangements are legally finalised.

Help with Costs: Legal Aid and the Mediation Voucher Scheme

Worried about costs? Support is available.

  • Legal Aid is still available for family mediation for those who qualify.
  • The government’s Family Mediation Voucher Scheme offers up to £500 toward mediation costs for separating families with children.

These schemes make it easier for families to access professional help early—often avoiding more expensive issues later on.

Why Mediation Still Matters—Even with No-Fault Divorce

Some assume that because no-fault divorce removes the need to assign blame, mediation is less important. The opposite is often true.

Mediation:

  • Encourages calm, cooperative conversations
  • Helps you focus on what’s best for your children
  • Reduces long-term legal and financial risks
  • Leads to more sustainable, tailored agreements

“Most people going through divorce simply want to move on—securely and with dignity. That means more than ending a marriage; it means drawing a clear legal line under the relationship.” – Sarah Hawkins

Final Thoughts: Don’t Leave Loose Ends

No-fault divorce has simplified one part of the process. But it’s just as important to bring financial clarity and closure to your separation.

If you’ve already divorced without a financial consent order, it’s not too late—you can still apply for one. If you’re just starting out, make sure it’s part of your plan.

Ending a marriage should include ending financial ties—formally, fairly, and for good.

About Sarah Hawkins

Sarah Hawkins is the CEO of National Family Mediation (NFM), the largest provider of family mediation services in England and Wales. A passionate advocate for conflict resolution and family wellbeing, Sarah has over 20 years of experience helping families navigate the emotional and legal challenges of separation and divorce.

📍 www.nfm.org.uk | 📧 info@nfm.org.uk | 📱 @FamilyMediationNFM

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Divorce Done Right: How a Calm Mind Leads to a Fair Resolution
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Divorce Done Right: How a Calm Mind Leads to a Fair Resolution

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Sponsored post by Fair Result.

The Role of Emotions in Divorce

Divorce can be one of the most emotionally challenging experiences you can ever face. When emotions run high, they can cloud judgment and lead to decisions that are not in your best interest. Heightened emotions such as anger, sadness, and frustration can result in poor decision-making, causing people to act impulsively or spitefully. This can prolong divorce proceedings and increase costs, as conflicts and disagreements escalate. Understanding the role of emotions in divorce is crucial to navigating the process effectively.

Why Heightened Emotions Can Lead to Poor Decision-Making

When emotions are in control, rational thought often takes a back seat. Anger can drive individuals to make vindictive choices, leading to prolonged legal battles that are both financially and emotionally draining. Stress can cause individuals to agree to unfavourable terms simply to expedite the process, resulting in long-term regret. Alternatively dragging out the process for very little gain is not productive either. Recognising these pitfalls is the first step toward a more successful divorce process. Contact the team at Fair Result and right from the outset we will try and help with the emotional stress you are going through. All out clients’ have a personalised WhatsApp link to the team dealing with your case who are contactable every day you need us. In addition, our fixed fee price shared with you right at the start of your case will remain fixed no matter how long your case takes to resolve and should give you peace of mind that you are not getting charged for every phone call, email, or text dealing with your case.

How Stress and Anger Can Prolong Proceedings and Increase Costs

Stress and anger fuel conflict, which in turn extends the duration of divorce proceedings. The more contentious the divorce, the more time and money are spent on legal fees, court appearances, and negotiations. By allowing these emotions to dictate actions, individuals may find themselves trapped in a cycle of hostility and expense. It is therefore essential to approach divorce with a calm and strategic mindset to avoid unnecessary delays and costs. At Fair Result, we focus on what you want to achieve and work hard to get this for you.

The Benefits of a Calm & Strategic Approach

Maintaining a clear and rational mindset during a divorce can lead to more favourable outcomes, both financially and emotionally. When individuals can manage their emotions and think strategically, they are better equipped to make decisions that align with their long-term goals.

How a Clear Mindset Leads to Better Financial Settlements

A calm and clear mindset allows individuals to focus on what truly matters in their divorce settlement. By prioritising financial stability and fair division of assets, individuals can avoid the pitfalls of emotionally driven decisions. This approach often leads to more equitable financial settlements that provide long-term security for both parties. Being bitter over what has happened will not impact on the financial distribution in your case, so don’t let it cloud your judgment.

Why Courts Favour Reasonable, Amicable Negotiations Over Conflict-Driven Cases

Courts tend to favour divorces that are resolved through reasonable and amicable negotiations. Judges are more likely to approve settlements that demonstrate cooperation and mutual respect. Conflict-driven cases, on the other hand, can result in court-imposed decisions that may not be in the best interest of either party. By approaching divorce with a calm and strategic mindset, individuals can present a more favourable case to the court.

Real-Life Examples of How a Level-Headed Approach Resulted in Fairer Outcomes

Consider the case of Jane and John and we represented Jane the applicant wife, who approached their divorce with a calm and strategic mindset. Instead of engaging in heated arguments, they focussed on open communication and mutual understanding. By working together, they were able to reach a fair settlement that provided financial stability for both parties and minimised emotional stress for their children. Their experience highlights the benefits of maintaining a level-headed approach during divorce proceedings. If we can work with both parties who are prepared to negotiate calmly and sensibly, a faster quicker cheaper outcome is swiftly achieved for both parties.

Practical Strategies for Staying Calm & Focussed

Maintaining a calm and focussed mindset during a divorce requires deliberate effort and the implementation of practical strategies. By seeking professional guidance, engaging in mediation, and practicing mindfulness, individuals can navigate the divorce process more effectively. We have a team of counsellors we can pair you up with if you feel this would help.

The Importance of Seeking Professional Guidance Early

Early professional guidance can provide individuals with the information and support they need to make informed decisions. Legal advisors, financial planners, and therapists can offer valuable insights and help individuals develop a strategic approach to their divorce. By seeking expert advice early on, individuals can avoid common pitfalls and set the stage for a smoother process.

How Mediation Can Ease Tensions and Encourage Fair Resolutions

Mediation is a valuable tool for resolving disputes amicably. A neutral mediator facilitates discussions between parties, helping them reach mutually beneficial agreements. Mediation can ease tensions, reduce conflict, and encourage fair resolutions, making it an effective alternative to traditional litigation.

Mindfulness and Stress Management Techniques During the Divorce Process

Practicing mindfulness and stress management techniques can help individuals stay calm and focussed during their divorce. Techniques such as deep breathing, meditation, and regular exercise can reduce stress and improve emotional regulation. By incorporating these practices into their daily routine, individuals can better manage their emotions and approach divorce with a clear mind.

How Fair Result Helps Clients Achieve Fair Outcomes

Fair Result offers a unique approach to supporting clients through the divorce process. By prioritising clarity, reducing financial stress, and providing quick guidance, Fair Result helps clients achieve fair outcomes. The fixed fee and WhatsApp group also helps. Get in touch as soon as you are ready, and we can talk you through our way of working to give you the best possible outcome.

The Unique Approach Fair Result Takes to Support Clients in Maintaining Clarity

Fair Result’s approach emphasises the importance of maintaining clarity and focus. Their expert team provides personalised support and strategic advice, helping clients navigate the complexities of divorce with confidence. By fostering a calm and rational mindset, Fair Result enables clients to make informed decisions that align with their long-term goals.

How Fair Result’s Fixed-Fee Structure Reduces Financial Stress

One of the key features of Fair Result’s service is their fixed-fee structure, which eliminates the uncertainty of hourly legal fees. This approach reduces financial stress and allows clients to budget more effectively. By providing transparent and predictable pricing, Fair Result ensures that clients can focus on achieving a fair settlement without the burden of unexpected costs.

The WhatsApp Service as a Way for Clients to Get Quick Guidance & Reassurance

Fair Result offers a convenient WhatsApp service that allows clients to receive quick guidance and reassurance. This service provides immediate access to expert advice, helping clients stay informed and confident throughout the divorce process. By offering timely support, Fair Result helps clients maintain a calm and focussed mindset.

If you are currently going through a divorce or considering one, reach out to the Fair Result team for a no-obligation consultation. Discover how Fair Result’s expert-led, fixed-fee approach can make your divorce smoother and more manageable. Download the Guide to Divorce for additional support and start your journey towards a fair and amicable resolution.

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

Email peter@fair-result.co.uk or chris@fair-result.co.uk

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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Navigating Family Law: What Parents Need to Know When Autism is a Factor
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Navigating Family Law: What Parents Need to Know When Autism is a Factor

Published on
Sarah Whitelegge
Sarah Whitelegge
Senior Associate
Myerson Solicitors

Separation and child arrangements can be highly emotional and stressful, with no one-size-fits-all solution. For families affected by autism, these challenges can be even more complex. It is crucial to ensure that the legal process prioritises the well-being of both children and parents, and understanding how to navigate family law in an autism-friendly way can make all the difference.

Making Legal Processes Autism-Friendly

Every family’s experience of separation is unique, but for families with an autistic child or parent, additional considerations must be taken into account. Autism can affect communication, emotional regulation, and responses to change; factors that are central to family law proceedings involving children. Family law professionals are increasingly recognising the need to adapt their approach to neurodivergence.

It is estimated that 15% of the population is neurodivergent. To help practitioners consider best practices and accommodate neurodivergence, the Family Justice Council has published guidance for family lawyers on neurodiversity. This guidance highlights that failing to accommodate neurodivergence within the Family Justice System can prevent parties and children from fully participating in proceedings and dispute resolution.

Practical Adjustments for Parents Navigating Family Law

If you are a parent navigating family law with autism in mind, here are some key adjustments that may help:

  • Agreeing on the most suitable method of contact and communication: Determine whether emails, phone calls, or face-to-face meetings work best for your needs.
  • Receiving both physical and digital copies of documents
  • Taking sensory factors into account in office and meeting spaces
  • Sharing your preference for whether meetings should be held remotely or in person
  • Requesting visual aids (e.g. charts, diagrams) to enhance understanding of legal proceedings

Autism and Navigating the Family Court

If court proceedings become necessary, it is important to ensure that the court is informed of any neurodivergence within your family, so that appropriate adjustments can be made and support provided.

Part 3A and the accompanying Practice Direction 3AA were introduced into the Family Procedure Rules in November 2017. The rules establish a framework for proceedings involving vulnerable individuals and require the court, legal representatives, and all parties to identify any vulnerable persons as early as possible.

If a party is neurodivergent, this should be disclosed promptly to ensure the necessary adjustments are made. The court must then assess whether one or more participation directions are required to support the party involved in the proceedings or providing evidence.

The court may also appoint an intermediary. An intermediary is a neutral third party tasked with assessing the needs of a vulnerable individual and providing support.

The intermediary helps facilitate communication by relaying questions to the individual in a way they can understand, and by assisting the person asking the questions to ensure clarity.

Additionally, the intermediary can suggest ways to support the party and make recommendations to the court, such as allowing breaks during evidence presentation and ensuring questions are asked in short, clear segments.

When Autistic Children are Involved

In cases involving children with autism, it is crucial to ensure that any appointed expert has specific experience in working with autistic children. Besides, consideration should be given to whether the child requires support from an intermediary during interviews or if the case would benefit from the child having their own legal representation.

Alternatives to Court

Family lawyers committed to constructive resolution often recommend alternative methods such as mediation and collaborative law. These approaches promote communication, encourage cooperation between parties and mutual problem-solving, potentially reducing the stress and anxiety of court proceedings.

Arbitration and private hearings can take place in more suitable venues, creating surroundings conducive to settlement discussions. With a judge able to dedicate the entire day to the case, parties may find the process less overwhelming and more accommodating.

There are several steps family law professionals can take to help neurodiverse clients manage the challenges of family law proceedings. For families, it’s important to understand what can be done to support them. By providing tailored support and understanding, legal practitioners play a crucial role in ensuring families affected by autism receive the guidance they need and feel empowered throughout their legal journey.

Read more articles by Myerson Solicitors.

About Sarah Whitelegge

Sarah Whitelegge is a Senior Associate at Myerson Solicitors, a Top 200 UK law firm based in Altrincham, Greater Manchester. She specialises in family law, advising on divorce, financial settlements, cohabitation, nuptial agreements, child disputes, and domestic violence. With expertise in complex children matters, she has extensive advocacy experience in the Family Courts. A Resolution-accredited specialist in private children law and domestic violence, Sarah has practised family law since 2007. She holds a history degree from Leeds University and completed her legal training at Manchester Metropolitan University.

For more information about Myerson Solicitors and its Family Team, visit: https://www.myerson.co.uk/personal/family-law

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Setting Boundaries So You Can Work Better with Your Co-Parent
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Setting Boundaries So You Can Work Better with Your Co-Parent

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Tucker Lieberman
Tucker Lieberman
Writer / Researcher
Custody X Change

If you and your ex will co-parent your child, you’ll be in regular communication to make it happen. That means you’ll need to find new ways to speak and work together.

At least one of you will have to make big decisions for your child: where they’ll go to school, how their special needs will be supported, which religion to raise them in, and whether to pursue a complex medical treatment. Some co-parents make these kinds of decisions together. Even if you don’t, one of you will have to inform the other of the big rules that guide your child’s life.

You and your ex will also coordinate exactly when and where you’ll exchange your child, and you’ll have to notify each other if you’re running late. You’ll pass on minor details like whether your kid already ate dessert or argued with a friend.

So, even as you envision a new life apart from your ex, stay realistic about your future need to talk to them. Though you’ll no longer be spouses, you’ll have important roles in each other’s lives.

Talking with Your Ex During the Divorce Process

A split can be so emotionally painful that it’s hard to keep open lines of communication. The hurt that one of you caused the other, or that both of you caused each other, is real. Nevertheless, for parents, it’s crucial to keep talking for your child’s sake.

Ideally, both of you should try to give your child as much stability as possible until the court can order a child arrangement, which means agreeing to a parenting routine and sticking to it civilly (rather than yanking the child back and forth and arguing in front of them).

You’ll also benefit from negotiating productively so you can get a fair outcome for your child and for yourselves. In the UK, parents may use mediation, collaborative practice or arbitration to help them reach decisions out of court.

Keeping open lines of communication doesn’t mean you have to pick up the phone at any hour of the night, respond to excessive text messages, or tolerate disrespectful emails. Nor does it mean you have to tell absolutely everything to your ex or allow them to micromanage your parenting time. You each deserve some privacy and autonomy.

In fact, communicating well as co-parents involves respecting each other’s limits. It’s a great idea to explicitly set boundaries with your ex. Do your part to obey the limits in good faith, and apologise when you make a mistake. Thank your co-parent for respecting your boundaries, and calmly hold them accountable when they don’t.

Rebuilding Your Co-Parenting Dynamic for Your Child’s Sake

It’s widely recognised that it’s in a child’s best interests to maintain a relationship with both parents. Sometimes there’s a reason to exclude one parent from the child’s life, but apart from situations of parental abuse or neglect, children generally benefit from meaningful, frequent contact with both parents.

In the UK, it’s common for courts to order shared parenting, meaning that the court divides parenting time close to equally. You’ll have to follow the order, and that will entail working together with your former spouse.

While some exes remain amicable and genuinely appreciate knowing what’s happening in each other’s lives, others insist on limiting conversations to matters involving their child. If one of you wants minimal interaction, the other has to accept reality and learn to let go.

And while spouses may have once enjoyed regular contact with each other’s family members and friends, most divorcing people find that those mutual connections decrease and eventually disappear. An exception would be if one of those adults is a carer for their child.

To help grant each other a sense of freedom and privacy, some co-parents agree to use only a designated messaging app with each other. Or they may agree to refrain from mentioning each other on social media.

Divorce is no easy road, but starting today, you can strive to build a good life for yourself and your child. By putting your best foot forward and interacting in good faith with your ex, you form a new co-parenting dynamic. What you do today leads to a better tomorrow.

Read more articles by Custody X Change.

About Tucker Lieberman

Tucker Lieberman is a Writer / Researcher for Custody X Change. After a decade with an investment company focusing on saving for university, he now writes about co-parenting arrangements.

About Custody X Change: This powerful tool helps divorced and single parents create parenting plans, track their custody schedules, manage expenses and more. Since 2005, we’ve helped over 60,000 parents ensure the best possible future for their children.

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5 Common Myths About Financial Settlements in Divorce
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5 Common Myths About Financial Settlements in Divorce

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Sponsored post by Fair Result.

Financial settlements in divorce refer to the process by which a couple’s joint assets and finances are divided upon the dissolution of their marriage. This often complex and emotionally charged process aims to ensure that both parties receive a fair share of the marital assets. However, numerous divorce myths and misconceptions surrounding financial settlements can lead to misunderstandings and unrealistic expectations.

Believing these myths can be risky and may result in unfavourable outcomes. Therefore, it is crucial to separate fact from fiction to navigate the financial aspects of divorce more effectively. More importantly contact a specialist lawyer or financial accountant at Fair Result who will advise you the best ways to deal with financial separation on divorce.

Myths to Debunk

Myth 1: “Everything is split 50/50 in a divorce”

A common misconception is that marital assets are automatically divided equally between spouses in a divorce. The division of assets is based on what is deemed fair and just, which does not necessarily mean a 50/50 split. Courts consider various factors, such as the length of the marriage, each spouse’s financial contributions, future earning potential, and the needs of any children involved. The goal is to achieve an equitable distribution, which may result in one party receiving a larger share of the assets. The courts will also often look at spousal maintenance. There has long been a misconception that spousal maintenance will always be paid. This spousal maintenance misconception is wrong and maintenance will only be paid for as long as it is necessary to allow the party receiving it to adjust to single living again.

Myth 2: “The higher-earning spouse always pays spousal maintenance”

Another prevalent myth is that the spouse who earns more money will always be required to pay spousal maintenance to the lower-earning spouse. While the higher-earning spouse may be ordered to provide financial support, this is not a given. Courts consider multiple factors when determining maintenance, including the length of the marriage, the standard of living during the marriage, and each spouse’s financial resources and needs. In some cases, no maintenance may be awarded if both parties are deemed capable of supporting themselves.

Myth 3: “You can hide assets to avoid sharing them”

Some individuals believe they can conceal assets to prevent them from being included in the financial settlement. However, this is both illegal and unethical. Courts require full financial disclosure from both parties at the outset on a disclosure form known as Form E, and failure to disclose all assets can result in severe legal consequences. Methods of hiding assets, such as transferring money to friends or family or undervaluing property, are likely to be uncovered during this process. If hidden assets are discovered, the court may impose penalties, and the guilty party could face criminal charges.

Myth 4: “The parent with custody gets the house”

It is often assumed that the parent who receives primary custody of the children will automatically be awarded the family home. While the needs of the children are a significant consideration, the decision to award the house is based on various factors. Courts will evaluate each party’s financial situation, the ability to maintain the home, and the best interests of the children. In some cases, the house may be sold, and the proceeds divided, or the custodial parent may be allowed to stay in the home until the children reach a certain age. This is known as a Mescher Order, and you will need advice from a lawyer to obtain this as property division in divorce is complex to ensure each parties needs are met with the courts first priority being to ensure the children of the marriage are safely housed.

Myth 5: “You need to go to court to finalise a settlement”

Many people believe that financial settlements can only be resolved through a court process. However, there are alternative methods to resolve financial disputes that can be less stressful and more cost-effective. Mediation and collaborative divorce are two popular alternatives where both parties work together with the help of a neutral third party to reach an agreement. These methods allow for more control over the outcome and can often result in a quicker and more amicable resolution. However, even if mediators are used you will still need to get a lawyer to draft the financial consent order for approval by the court.  if you use a mediator that is not a qualified lawyer you will still need the lawyer to submit the consent order and supporting documentation to the government portal for approval by a judge. You do not need to attend court for this. The online process will deal with this for you.

Addressing Common Questions

What are the most common misconceptions people have about financial settlements?

The divorce myths mentioned above are among the most common misconceptions in financial disclosure on divorce. Additionally, people may believe that only marital assets are subject to division (when, in fact, non-marital assets can sometimes be considered) or that prenuptial agreements are always upheld without question.

How do courts determine a fair settlement?

Courts determine a fair settlement by considering several factors, including the length of the marriage, each spouse’s contributions, both financial and non-financial, the standard of living during the marriage, and the future financial needs and earning potential of each spouse. The primary goal is to ensure that both parties can maintain a reasonable standard of living post-divorce.

What legal requirements are involved in disclosing assets?

Both parties are legally required to provide full and frank disclosure of all assets, liabilities, income, and expenses. This information is typically exchanged through financial statements Form E and supporting documentation including payslips bank statements and details of properties you feel would be suitable for your post-divorce settlement. Failure to disclose assets can lead to serious legal repercussions, including fines, penalties, or having the settlement overturned. Fair Result can help you complete all this paperwork

Are there alternatives to court for resolving financial disputes?

Yes, alternatives to court include mediation, collaborative divorce, and arbitration. These methods involve working with neutral third parties to reach an agreement outside of the traditional court setting. They can be less adversarial and more efficient, allowing couples to maintain greater control over the outcome.

What are the consequences of believing or acting on these myths?

Believing or acting on divorce myths about financial settlements can lead to unrealistic expectations, prolonged disputes, and unfavourable outcomes. Misconceptions can result in unnecessary stress, increased legal costs, and potential legal penalties for unethical behaviour such as hiding assets which could ultimately lead to prison. It is always best to have all your divorce myths dispelled and get legal advice about the best way to proceed from one of the team at Fair Result.

Conclusion

Understanding the realities of financial settlements in divorce is crucial for making informed decisions and achieving a fair outcome. By debunking common myths, individuals can better navigate the complexities of divorce and avoid common pitfalls. For expert advice and guidance, readers are encouraged to contact Fair Result or use our WhatsApp service. Each client receives their own WhatsApp group where they can ask questions of the team at Fair Result anytime if they have questions or concerns over their case.  Navigating divorce with accurate information and professional support can make a significant difference in achieving a fair and amicable resolution.

Get in Touch

Call us at 07 500 933 818 or 0333 577 7009

Email peter@fair-result.co.uk or chris@fair-result.co.uk

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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Journalists Can Now Report on Family Law Cases in Court - Is This Good or Bad?
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Journalists Can Now Report on Family Law Cases in Court – Is This Good or Bad?

Published on
Anthony Parrish
Anthony Parrish
Partner
Jones Myers

Sponsored post by Jones Myers.

In a milestone development starting this week, accredited journalists can report in family law courts on cases which decide the future and wellbeing of children whose parents are divorcing.

They can also report on cases which determine if children should be taken into care.  

Whereas the media have previously been allowed to observe such hearings since 2009 – but only report on what a judge allowed – they can now write in detail on cases, have access to some legal documents and interview families about their cases – providing their identify is protected.

The move follows a two-year pilot scheme covering private and public law children law cases. It aims to remove long-standing concerns about the ‘secrecy’ surrounding family courts, create greater transparency and build public confidence.

As a whole, our Children’s Department – which covers every area of public and private children law – sees the change as a favourable move.

There are some reservations however about how those who represent themselves in Court Proceedings – because they either can’t afford a family lawyer or simply choose to do so – may try to use the media to their own advantage.

This could apply in situations where they portray the other party in an unfavourable light or put their privacy at risk. Such scenarios raise concerns about safety and especially around the potential for social media platforms to be abused.

On the positive side, as long as journalists adhere to responsible reporting, the development will provide a constructive insight in helping the public to understand the realities of the Family Court System – and for an unbiased approach to be taken.

The new reporting freedoms could also see divorcing couples – particularly those with a profile in their community who are concerned about protecting their own and their children’s privacy – resolve matters out of the courtroom glare.

This can be achieved through alternative routes such as mediation or the collaborative process which help separating couples to find an agreed way forward in a constructive, positive manner.

Less costly, acrimonious, and drawn-out, these alternatives protect children being exposed to the fall out of their parents’ relationship. They prioritise children’s well-being and help the long-term interests of all those involved in the break-up.

Our family law experts are at the forefront of options which take a non-confrontational approach to relationship breakdown and put children’s best interests first.

The specialisms of our award-winning Children’s Team span residence, contact, relocation, international child abduction, adoption, and child protection.

Dedicated to consistently delivering excellence, we act for parents and grandparents, we represent children, through their court appointed Children’s Guardians allocated by Cafcass. We also act separately for children of a significant age and maturity.

Our extensive expertise includes a Family Law Mediator, a Child Inclusive Mediator, Collaborative Family Lawyer and In House Counsel.

For queries on children law, mediation, or other family law issues, call Leeds 0113 246 0055, Harrogate 01423 276104, York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked 7th in the UK’s Best 25 family law blogs and websites to follow in 2025.

Read more articles by Anthony Parrish and Jones Myers.

About Anthony Parrish

Anthony Parrish’s extensive experience in family law spans over two decades, during which time he has developed specialisms in matters relating to children law.

A member of Jones Myers internationally renowned Children’s Department, he deals with issues relating to children, teenagers, parents (including those represented through their official solicitor) and local authorities.

His expertise also encompasses international child abduction cases and same sex relationship issues.

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Grandparents' Rights: What Happens When Your Grandchildren's Parents Divorce?
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Grandparents’ Rights: What Happens When Your Grandchildren’s Parents Divorce?

Published on
Rina Mistry
Rina Mistry
Senior Associate & Solicitor
Nelsons Solicitors

When two parents decide to divorce, there is of course a ripple effect on other members of the family, including children and grandparents. Rina Mistry, senior associate specialising in family law at leading East Midlands law firm Nelsons discusses the legal rights of grandparents, and the challenges that can come up during a parental divorce.

Grandparents play an important role in their grandchildren’s lives – they often act as secondary guardians, they may be involved in special occasions like birthdays and family events, and they can be a link to a grandchild’s traditional culture or religion.

Separation and divorce in any family is an unsettling and uncertain time, with potentially new living arrangements and changes to routines for children and other relatives.

There is often an assumption that grandparents have automatic rights to see their grandchildren, when unfortunately, this is not the case. The law does not give grandparents (maternal or paternal) any automatic rights to be in their grandchild’s lives. This means that if parents choose to keep their children away from grandparents, they are free to do so. This can have a significant impact on the grandparent-grandchild relationship.

Challenges

Grandparents may face a number of hurdles when navigating their grandchildren’s parents’ divorce. Communication may become more challenging, particularly between ex-spouses, which can make it hard to keep contact with grandchildren – especially those that are very young.

In more serious situations, there can be the issue of parental alienation – usually this happens when one parent intentionally tries to damage the relationship between the other parent and the children by speaking badly about them or enforcing negative views. This can also happen with grandparents, which can be traumatic for grandchildren who may have had a close bond previously.

Talking it out

Despite not having automatic rights, grandparents still have options available to them. The first and usually the most effective is to try resolving all issues between the adults, whether it is directly or via the mediation process.

The situation can vary from case to case; it may be that the relationship between the adults has broken down or the grandparents are concerned for the children, and in an attempt to intervene they are denied any further time with the grandchild.

If legal advice is needed, grandparents will always be asked whether or not they have attempted to speak with the parents of the child to try and resolve the issues and further consideration will be applied as to whether correspondence from solicitors may assist to resolve the issues amicably.

If an agreement cannot be reached and a referral to mediation has not yet been made, this will be the next step. Mediation is not only a better option to try and resolve the issues but also far more cost-effective than making an application to Court. Compulsory attendance will be needed at a Mediation Information and Assessment Meeting (MIAM). There are exemptions available, for example if the grandchild is at significant risk of harm, but in most cases, the Court will expect grandparents to attempt to resolve issues through mediation. 

Court application

If mediation is considered inappropriate or is refused by the other party, then the only available option is making a formal application to Court to resolve the child arrangements. This is the last option most solicitors would advise, however, this may be the only available option if all else has failed.

As grandparents hold no parental responsibility, they will need to first ask the Court for permission before being able to make an application for a Child Arrangements Order. If the Court grants permission, then a formal application for a Child Arrangements Order can proceed. However, if the Court does not grant permission, progress would go no further.

Like all applications, the Court will consider each matter individually but must take into account the following:

  • The nature of the application
  • The applicant’s connection with the child
  • Any risk of the proposed application disrupting the child’s life to the extent that they would be harmed by it.

If Court is the only option available, then it is highly recommended that you seek independent legal advice regarding your position and next steps.

Maintaining relationships

Whatever course of action is taken, respectful communication is highly encouraged throughout the process between not only parents but all family members. Not only does this support a more efficient process, but it limits the emotional impact on children and paves the way for better relationships in the future.

Grandparents should take the same approach to not speak negatively about either parent in front of their grandchildren and instead look to focus on their best interests and ensuring they feel cared for and supported.

For more information on grandparents’ rights during a parental divorce, please contact the expert family law team at Nelsons, by visiting www.nelsonslaw.co.uk/personal-legal-services/family-law-solicitors/children-law

About Rina Mistry

Rina Mistry is a Senior Associate in Nelsons’ expert Family Law team, specialising in complex Private Children Law and focusing on several niche areas. These include parental alienation, cross-border jurisdictional disputes, and cases involving serious allegations of harm. She also handles matters related to internal and external relocation, whether temporary or permanent and international child abduction. Additionally, Rina is experienced in private children matters where a child or parent is neurodiverse, surrogacy, applications on behalf of grandparents, and same-sex parenting cases.

Rina takes a client-focussed approach and aims to achieve the best possible outcome for all her clients, considering and tailoring her advice to each individual set of circumstances, whilst always ensuring that the children’s best interests remain at the forefront.  Rina can support her clients in direct negotiations concerning arrangements, issuing a Court application or using alternative dispute resolution, such as mediation or arbitration.

Alongside children-related matters, Rina is also experienced in advising on all matters arising out of divorce and separation.

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